HUD 52530.c Tenancy Addendum: Section 8 Project-based Voucher Progra

Housing Choice Voucher Program

HUD 52530c

Housing Choice Voucher Program

OMB: 2577-0169

Document [pdf]
Download: pdf | pdf
U.S. Department of Housing
OMB Approval No. 2577-0169
Tenancy Addendum
and Urban Development
(exp. 09/30/2017)
Section 8 Project-based
Office of Public and Indian Housing
Voucher Program
________________________________________________________________________________

Instructions for use of Tenancy Addendum
This tenancy addendum is used in the Section 8 project-based voucher (PBV) program. Under the program, HUD provides funds to a
public housing agency (PHA) for rent subsidy on behalf of eligible families. The main regulation for this program is 24 Code of
Federal Regulations Part 983.
Privacy Act Statement. The Department of Housing and Urban Development (HUD) is authorized to collect the information required on this form
by Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f). Collection of the family members’ names, unit address, and owner name is
mandatory. The information is used to provide Section 8 project-based assistance under the Section 8 Project-based Voucher program in the form of
housing assistance payments. The information also specifies what utilities and appliances are to be supplied by the owner, and what utilities and
appliances are to be supplied by the tenant. HUD may disclose this information to Federal, State and local agencies when relevant to civil,
criminal, or regulatory investigations and prosecutions. It will not be otherwise disclosed or released outside of HUD, except as permitted or required
by law. Failure to provide any of the information may result in delay or rejection of family or owner participation in the Section 8 Project-based
Voucher program.

The tenancy addendum has two parts:
Part A: Tenancy Addendum Information (fill-ins).
See section by section instructions.
Part B: Tenancy addendum.
How to fill in Part A
Section by Section Instructions.
Section 2: Tenant
Enter full name of tenant.
Section 3. Contract Unit
Enter address of unit, including apartment number, if any.
Section 4. Household Members
Enter full names of all PHA-approved household members. Specify if any such person is a live-in aide, which is a person approved by
the PHA to reside in the unit to provide supportive services for a family member who is a person with disabilities.
Section 5. Initial Lease Term
Enter first date and last date of initial lease term.
(The initial lease term must be for at least one year. 24 CFR § 983.256(f).)
Section 6. Initial Rent to Owner
Enter the amount of the monthly rent to owner during the initial lease term.
Section 7. Initial Tenant Rent.
Enter the initial monthly amount of tenant rent.
Section 8. Housing Assistance Payment
Enter the initial amount of the monthly housing assistance payment.
Section 9. Utilities and Appliances
The lease must specify what utilities and appliances are to be supplied by the owner, and what utilities and appliances are to be
supplied by the tenant. Fill in section 9 to show who is responsible to provide or pay for utilities and appliances.

Previous editions are obsolete

form HUD 52530.c (09/14)

U.S. Department of Housing
Tenancy Addendum
and Urban Development
Section 8 Project-based
Office of Public and Indian Housing
Voucher Program
________________________________________________________________________________________

Part A of the Tenancy Addendum
(Fill out all of the information in Part A.)
1. Contents of Tenancy Addendum
This Tenancy Addendum has two parts:
Part A: Tenancy Addendum Information
Part B: Tenancy Addendum

2.

Tenant

3.

Contract Unit

4.

Household
The following persons may reside in the unit. Other persons may not be added to the household without prior written approval of
the owner and the PHA.

5.

Initial Lease Term
The initial lease term begins on (mm/dd/yyyy): ______________________________
The initial lease term ends on (mm/dd/yyyy): ________________________________

6.

Initial Rent to Owner
The initial rent to owner is: $ __________________________

7.

Initial Tenant Rent

The initial tenant rent is: $ ________________________ per month. The amount of the tenant rent is subject to change by the PHA during the term
of the lease in accordance with HUD requirements.
8.

Initial Housing Assistance Payment

At the beginning of the Housing Assistance Payments (HAP) contract term, the amount of the housing assistance payment by the PHA to the owner
is $ __________________ per month. The amount of the monthly housing assistance payment by the PHA to the owner is subject to change during
the HAP contract term in accordance with HUD requirements.

Previous editions are obsolete

form HUD 52530.c (09/2014)

___________________________________________________________________________________________________________
9.

Utilities and Appliances

The owner shall provide or pay for the utilities and appliances indicated below by an “O”. The tenant shall provide or pay for the utilities and appliances indicated
below by a “T”. Unless otherwise specified below, the owner shall pay for all utilities and appliances provided by the owner.

Item

Specify fuel type

Provided by

Heating

Natural gas

Bottle gas

Oil or Electric

Coal or Other

Cooking

Natural gas

Bottle gas

Oil or Electric

Coal or Other

Water Heating

Natural gas

Bottle gas

Oil or Electric

Coal or Other

Paid by

Other Electric
Water
Sewer
Trash Collection
Air Conditioning
Refrigerator
Range/Microwave
Other (specify)

Signatures:
Owner

Tenant

_________________________________________________
Print or Type Name of Owner

___________________________________________________
Print or Type Name of Family Representative

_________________________________________________
Signature

__________________________________________________
Signature

_________________________________________________
Print or Type Name and Title of Signatory

__________________________________________________
Print or Type Name of Family Representative

_________________________________________________
Date

___________________________________________________
Signature

___________________________________________________
Date

Previous editions are obsolete

form HUD 52530.c (09/2014)

U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing

Tenancy Addendum
Section 8 Project-based
Voucher Program
(To be attached to Tenant Lease)

___________________________________________________________________________
Part B: Tenancy Addendum
1.

a.

b.

2.

b.

5.

Family Payment to Owner
a.

b.

The owner has given the PHA a copy of the lease,
including any revisions agreed to by the owner and
the tenant. The owner certifies that the terms of the
lease are in accordance with HUD requirements and
the lease includes the tenancy addendum.
The tenant shall have the right to enforce the
tenancy addendum against the owner. If there is any
conflict between the tenancy addendum and any
other provisions of the lease, the language of the
tenancy addendum shall control.

c.

d.

Use of Contract Unit
a.

b.

c.

d.
e.

4.

The owner is leasing the contract unit to the tenant
for occupancy by the tenant’s family with assistance
for a tenancy under the Section 8 PBV program of
the United States Department of Housing and Urban
Development (HUD).
The owner has entered into a Housing Assistance
Payments Contract (HAP contract) with the public
housing agency (PHA) under the PBV program.
Under the HAP contract, the PHA will make
housing assistance payments to the owner to assist
the tenant in leasing the unit from the owner.

Lease
a.

3.

(2)

Section 8 Project-based Voucher (PBV) Program

During the lease term, the family will reside in the
contract unit with assistance under the PBV
program.
The composition of the household must be approved
by the PHA. The family must promptly inform the
PHA of the birth, adoption or court-awarded custody
of a child. Other persons may not be added to the
household without prior written approval of the
owner and the PHA.
The contract unit may only be used for residence by
the PHA-approved household members. The unit
must be the family’s only residence. Members of the
household may engage in legal profit making
activities incidental to primary use of the unit for
residence by members of the family.
The tenant may not sublease or let the unit.
The tenant may not assign the lease or transfer the
unit.

e.

f.

6.

b.

The initial and redetermined rent to owner are
established in accordance with HUD requirements.
During the term of the lease (including the initial
term of the lease and any extension term), the rent to
owner may at no time exceed:
(1) The reasonable rent for the unit as most
recently determined or redetermined by the

Previous editions are obsolete

The tenant rent is the portion of the monthly rent to
owner paid by the family. The PHA determines the
tenant rent in accordance with HUD requirements.
Any changes in the amount of the tenant rent will be
effective on the date stated in a notice by the PHA to
the family and the owner.
Each month, the PHA will make a housing
assistance payment to the owner on behalf of the
family in accordance with the HAP contract. The
amount of the monthly housing assistance payment
will be determined by the PHA in accordance with
HUD requirements for a tenancy under the Section 8
PBV program.
The monthly housing assistance payment shall be
credited against the monthly rent to owner for the
contract unit.
The tenant is not responsible for paying the portion
of rent to owner covered by the PHA housing
assistance payment under the HAP contract between
the owner and the PHA. A PHA failure to pay the
housing assistance payment to the owner is not a
violation of the lease. The owner may not terminate
the tenancy for nonpayment of the PHA housing
assistance payment.
The owner may not charge or accept, from the
family or from any other source, any payment for
rent of the unit in addition to the rent to owner. The
rent to owner includes all housing services,
maintenance, utilities and appliances to be provided
and paid by the owner in accordance with the lease.
The rent to owner does not include charges for nonhousing services such as food, furniture or
supportive services provided by the owner.
The owner must immediately return any excess rent
payment to the tenant.

Other Fees and Charges
a.

Rent to Owner
a.

PHA in accordance with HUD requirements,
or
Rent charged by the owner for comparable
unassisted units in the premises.

b.

With the exception of families receiving PBV
assistance in assisted living developments (see
paragraph b. below), the owner may not require the
tenant or family members to pay charges for any
meals or supportive services which may be provided
by the owner. Nonpayment of any such charges is
not grounds for termination of tenancy.
In assisted living developments receiving projectbased assistance, the owner may charge tenants,
family members, or both for meals or supportive
services. Any such charges must be specified in the
lease. These charges may not be included in the rent
to owner, nor may the value of meals and supportive
services be included in the calculation of the

form HUD 52530.c (09/2014)

reasonable rent. Non-payment of such charges is
grounds for termination of the lease by the owner in
assisted living developments.
d.

7.

The owner may not charge the tenant extra amounts
for items customarily included in rent to owner in
the locality, or provided at no additional cost to
unsubsidized tenants in the premises.

Maintenance, Utilities, and Other Services
a.

Maintenance
(1) The owner must maintain the unit and
premises in accordance with the HQS.
(2) Maintenance and replacement (including
redecoration) must be in accordance with the
standard practice for the building concerned as
established by the owner.

b.

Utilities and Appliances
(1) The owner must provide all utilities needed to
comply with the HQS.
(2) The owner is not responsible for a breach of
the HQS caused by the tenant’s failure to:
(a) Pay for any utilities that are to be paid by
the tenant.
(b) Provide and maintain any appliances that
are to be provided by the tenant.
Family Damage. The owner is not responsible for a
breach of the HQS because of damages beyond
normal wear and tear caused by any member of the
household or by a guest.
Housing Services. The owner must provide all
housing services as agreed to in the lease.

c.

d.

8.

(a)

Termination of Tenancy by Owner
a. Requirements. The owner may only terminate the
b.

c.

tenancy in accordance with the lease and HUD
requirements.
Grounds. During the term of the lease (the initial
term of the lease or any extension term), the owner
may only terminate the tenancy because of:
(1) Serious or repeated violation of the lease;
(2) Violation of Federal, State, or local law that
imposes obligations on the tenant in
connection with the occupancy or use of the
unit and the premises;
(3) Criminal activity or alcohol abuse (as
provided in paragraph c);
(4) Failure of a family in a supportive service
excepted unit to complete its Family SelfSufficiency (FSS) Contract of Participation or
other supportive services requirement without
good cause; or
(5) Other good cause (as provided in paragraph
d).
Criminal Activity or Alcohol Abuse
(1) The owner may terminate the tenancy during
the term of the lease if any member of the
household, a guest or another person under a
resident’s control commits any of the
following types of criminal activity:

Previous editions are obsolete

d.

e.

Any criminal activity that threatens the
health or safety of, or the right to
peaceful enjoyment of the premises by,
other residents (including property
management staff residing on the
premises);
(b) Any criminal activity that threatens the
health or safety of, or the right to
peaceful enjoyment of their residences
by, persons residing in the immediate
vicinity of the premises;
(c) Any violent criminal activity on or near
the premises; or
(d) Any drug-related criminal activity on or
near the premises.
(2) The owner may terminate the tenancy during
the term of the lease if any member of the
household is:
(a) Fleeing to avoid prosecution, or custody
or confinement after conviction, for a
crime, or attempt to commit a crime, that
is a felony under the laws of the place
from which the individual flees, or that,
in the case of the State of New Jersey, is
a high misdemeanor; or
(b) Violating a condition of probation or
parole under Federal or State law.
(3) The owner may terminate the tenancy for
criminal activity by a household member in
accordance with this section if the owner
determines that the household member has
committed the criminal activity, regardless of
whether the household member has been
arrested or convicted for such activity.
(4) The owner may terminate the tenancy during
the term of the lease if any member of the
household has engaged in abuse of alcohol
that threatens the health, safety or right to
peaceful enjoyment of the premises by other
residents.
Other Good Cause for Termination of Tenancy
(1) During the initial lease term, other good cause
for termination of tenancy must be something
the family did or failed to do.
(2) During the initial lease term or during any
extension term, other good cause includes:
(a) Disturbance of neighbors,
(b) Destruction of property, or
(c) Living or housekeeping habits that cause
damage to the unit or premises.
(3) After the initial lease term, such good cause
includes the tenant’s failure to accept the
owner’s offer of a new lease or revision.
Lease Expiration
Upon lease expiration, an owner may renew the
lease or refuse to renew the lease for good cause.
In addition, the owner may refuse to renew the
lease without good cause, in which case the PHA
will provide the family with a tenant-based
voucher, and the unit will be removed from the
PBV HAP contract.
form HUD 52530.c (09/2014)

f.

Protections for Victims of Abuse
(1) Incidents or threats of abuse will not be
construed as serious or repeated violations of
the lease or other “good cause” for
termination of the assistance, tenancy, or
occupancy rights of a victim of abuse.

the tenant is not evicted or terminated from
assistance.
(7) Nothing in this section shall be construed to
supersede any provision of any Federal, State, or
local law that provides greater protection than this
section for victims of domestic violence, dating
violence, or stalking.

(2) Criminal activity directly relating to abuse, engaged
in by a member of a tenant’s household or any
guest or other person under the tenant’s control,
shall not be cause for termination of assistance,
tenancy, or occupancy rights if the tenant or an
immediate member of the tenant’s family is the
victim or threatened victim of that abuse.
(3) Notwithstanding any restrictions on admission,
occupancy, or terminations of occupancy or
assistance, or any Federal, State or local law to the
contrary, a PHA, owner or manager may
“bifurcate” a lease, or otherwise remove a
household member from a lease, without regard to
whether a household member is a signatory to the
lease, in order to evict, remove, terminate
occupancy rights, or terminate assistance to any
individual who is a tenant or lawful occupant and
who engages in criminal acts of physical violence
against family members or others. This action may
be taken without evicting, removing, terminating
assistance to, or otherwise penalizing the victim of
the violence who is also a tenant or lawful
occupant. Such eviction, removal, termination of
occupancy rights, or termination of assistance shall
be effected in accordance with the procedures
prescribed by Federal, State, and local law for the
termination of leases or assistance under the
housing choice voucher program.
(4) Nothing in this section may be construed to limit
the authority of a PHA, owner, or manager, when
notified, to honor court orders addressing rights of
access or control of the property, including civil
protection orders issued to protect the victim and
issued to address the distribution or possession of
property among the household members in cases
where a family breaks up.

9.

10.

h.

Owner Notice of Grounds
(1) At or before the beginning of a court action to
evict the tenant, the owner must give the
tenant a notice that specifies the grounds for
termination of tenancy. The notice may be
included in or combined with any owner
eviction notice.
(2) The owner must give the PHA a copy of any
owner eviction notice at the same time the
owner notifies the tenant.
(3) Eviction notice means a notice to vacate, or a
complaint or other initial pleading used to
begin an eviction action under State or local
law.

PHA Termination of Assistance

Lease: Relation to HAP Contract
If the HAP contract terminates for any reason, the lease
terminates automatically.

11.

Family Right to Move
a.

b.

12.

Previous editions are obsolete

Eviction by Court Action. The owner may only evict the
tenant by a court action.

The PHA may terminate program assistance for the family for
any grounds authorized in accordance with HUD requirements. If
the PHA terminates program assistance for the family, the lease
terminates automatically.

(5) Nothing in this section limits any otherwise
available authority of an owner or manager to evict
or the PHA to terminate assistance to a tenant for
any violation of a lease not premised on the act or
acts of violence in question against the tenant or a
member of the tenant’s household, provided that
the owner, manager, or PHA does not subject an
individual who is or has been a victim of domestic
violence, dating violence, or stalking to a more
demanding standard than other tenants in
determining whether to evict or terminate.
(6) Nothing in this section may be construed to limit
the authority of an owner or manager to evict, or
the PHA to terminate assistance, to any tenant if the
owner, manager, or PHA can demonstrate an actual
and imminent threat to other tenants or those
employed at or providing service to the property if

g.

The family may terminate its lease at any time after the
first year of occupancy. The family must give the owner
advance written notice of intent to vacate (with a copy to
the PHA) in accordance with the lease. If the family has
elected to terminate the lease in this manner, the PHA must
offer the family the opportunity for tenant-based
rental assistance in accordance with HUD requirements.
Before providing notice to terminate the lease under
paragraph a, the family must first contact the PHA to
request tenant-based rental assistance if the family wishes
to move with continued assistance. If tenant-based rental
assistance is not immediately available upon lease
termination, the PHA shall give the family priority to
receive the next available opportunity for tenantbased rental assistance.

Security Deposit
a.

b.

The owner may collect a security deposit from the
tenant. (However, the PHA may prohibit the owner
from collecting a security deposit in excess of
private market practice, or in excess of amounts
charged by the owner to unassisted tenants.)
When the family moves out of the contract unit, the
owner, subject to State and local law, may use the
form HUD 52530.c (09/2014)

c.

d.

security deposit, including any interest on the
deposit, as reimbursement for any unpaid rent
payable by the tenant, any damages to the unit or
any other amounts that the tenant owes under the
lease.
The owner must give the tenant a list of all items
charged against the security deposit, and the amount
of each item. After deducting the amount, if any,
used to reimburse the owner, the owner must
promptly refund the full amount of the unused
balance to the tenant.
If the security deposit is not sufficient to cover
amounts the tenant owes under the lease, the owner
may collect the balance from the tenant.

13. Prohibition of Discrimination
In accordance with applicable equal opportunity statutes,
Executive Orders, and regulations, the owner must not
discriminate against any person because of race, color, religion,
sex, national origin, age, familial status or disability in
connection with the lease.

14. Conflict with Other Provisions of Lease
a.

b.

The terms of the tenancy addendum are prescribed
by HUD in accordance with Federal law and
regulation, as a condition for Federal assistance to
the tenant and tenant’s family under the Section 8
PBV program.
In case of any conflict between the provisions of the
tenancy addendum as required by HUD, and any
other provisions of the lease or any other agreement
between the owner and the tenant, the requirements
of the HUD-required tenancy addendum shall
control.

15. Changes in Lease and Rent
a.

b.

The tenant and the owner may not make any change
in the tenancy addendum. However, if the tenant and
the owner agree to any other changes in the lease,
such changes must be in writing, and the owner
must immediately give the PHA a copy of such
changes. The lease, including any changes, must be
in accordance with the requirements of the tenancy
addendum.
The owner must notify the PHA in advance of any
proposed change in lease requirements governing
the allocation of tenant and owner responsibilities
for utilities. Such changes may be made only if
approved by the PHA and if in accordance with the
terms of the lease relating to its amendment. The
PHA must redetermine reasonable rent in
accordance with HUD requirements, based on any
changes in the allocation of responsibility for
utilities between the owner and tenant, and the
redetermined reasonable rent shall be used in the
calculation of the rent to owner from the effective
date of the change.

17. Definitions
Contract unit. The housing unit rented by the tenant with assistance
under the program.
Excepted Unit. A contract unit not counted against the 25 percent perproject cap on PBV assistance.
Family. The persons who may reside in the unit with assistance under
the program.
HAP contract. The housing assistance payments contract between the
PHA and the owner. The PHA pays housing assistance payments to the
owner in accordance with the HAP contract.
Household. The persons who may reside in the contract unit. The
household consists of the family and any PHA-approved live-in aide.
(A live-in aide is a person who resides in the unit to provide necessary
supportive services for a member of the family who is a person with
disabilities.)
Housing quality standards (HQS). The HUD minimum quality
standards for housing assisted under the Section 8 PBV program.
HUD. The U.S. Department of Housing and Urban Development.
HUD requirements. HUD requirements for the Section 8 PBV
program. HUD requirements are issued by HUD headquarters as
regulations, Federal Register notices or other binding program
directives. The Lease Addendum shall be interpreted and implemented
in accordance with HUD requirements.
Lease. The written agreement between the owner and the tenant for the
lease of the contract unit to the tenant. The lease includes the tenancy
addendum prescribed by HUD.
PHA. Public Housing Agency.
Premises. The building or complex in which the contract unit is
located, including common areas and grounds.
Program. The Section 8 project-based voucher program.
Rent to owner. The total monthly rent payable to the owner for the
contract unit. The rent to owner is the sum of the portion of rent
payable by the tenant plus the PHA housing assistance payment to the
owner.
Section 8. Section 8 of the United States Housing Act of 1937 (42
United States Code 1437f).
Tenant. The family member (or members) who leases the unit from the
owner.

16. Written Notices
Any notice under the lease by the tenant to the owner or by the owner
to the tenant must be in writing.

Previous editions are obsolete

form HUD 52530.c (09/2014)


File Typeapplication/pdf
File Modified2014-09-16
File Created2011-10-17

© 2024 OMB.report | Privacy Policy